Privacy Law Commons^™

Deconstructing The Relationship Between Privacy And Security [Viewpoint], Gregory Conti, Lisa A. Shay, Woodrow Hartzog

Faculty Scholarship

From a government or law-enforcement perspective, one common model of privacy and security postulates that security and privacy are opposite ends of a single continuum. While this model has appealing properties, it is overly simplistic. The relationship between privacy and security is not a binary operation in which one can be traded for the other until a balance is found. One fallacy common in privacy and security discourse is that trade-offs are effective or even necessary. Consider the remarks of New York Police Department Commissioner Ray Kelly shortly after the Boston Marathon bombing, “I'm a major proponent of cameras. I …

Criminalizing Revenge Porn, Danielle K. Citron, Mary Anne Franks

Faculty Scholarship

Violations of sexual privacy, notably the non-consensual publication of sexually graphic images in violation of someone's trust, deserve criminal punishment. They deny subjects' ability to decide if and when they are sexually exposed to the public and undermine trust needed for intimate relationships. Then too they produce grave emotional and dignitary harms, exact steep financial costs, and increase the risks of physical assault. A narrowly and carefully crafted criminal statute can comport with the First Amendment. The criminalization of revenge porn is necessary to protect against devastating privacy invasions that chill self-expression and ruin lives.

Online Harassment, Defamation, And Hateful Speech: A Primer Of The Legal Landscape, Alice E. Marwick, Ross Miller

Center on Law and Information Policy

This interdisciplinary project focused on online speech directed at women and seeks to provide a primer on (i) what legal remedies, if any, are available for victims of sexist, misogynist, or harassing online speech, and (ii) if such legal remedies and procedures exist, whether practical hurdles stand in the way of victims’ abilities to stop harassing or defamatory behavior and to obtain legal relief. The study concluded that while online harassment and hateful speech is a significant problem, there are few legal remedies for victims. This is partly due to issues of jurisdiction and anonymity, partly due to the protection …

A Cloudy Forecast: Divergence In The Cloud Computing Laws Of The United States, European Union, And China, Tina Cheng

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting A Celebrity’S Child From Harassment: Is California’S Amendment Penal Code § 11414 Too Vague To Be Constitutional?, Michelle N. Robinson

Pace Intellectual Property, Sports & Entertainment Law Forum

This Note will describe a brief history of the legal attempts to restrict the paparazzi and the legislative history behind A.B. 3592 and its amendment, S.B. 606. The bills are controversial and have received a significant amount of criticism, due to the fact that they restrict speech by essentially prohibiting paparazzi, known for their harassing behavior, from taking pictures of the children of celebrities. The Note will conclude with an analysis utilizing the void-for-vagueness doctrine of whether the bill is in violation of the First Amendment.

The Dangers Of Overbroad Transgender Legislation, Case Law, And Policy In Education: California's Ab 1266 Dismisses Concerns About Student Safety And Privacy, Tyler Brown

Brigham Young University Education and Law Journal

No abstract provided.

Access Of Evil? Legislating Online Youth Privacy In The Information Age, Agathon Fric

Canadian Journal of Law and Technology

This article seeks to address what constitutes youth online privacy, how youth conceive of their privacy, whether their privacy needs protecting, and, if so, how youth privacy should be regulated online. First, the article begins by rooting the issue of online youth privacy in the current social, technological, economic, political, and legal context, drawing on social science research to demonstrate both the threats and opportunities created by technology for youth privacy.

Second, the analysis focuses on the relative strengths and weaknesses of current federal legislation as the primary law governing the collection, use, and disclosure of youth’s personal information through …

Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy

Canadian Journal of Law and Technology

This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …

With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, J. Bruce Richardson

Canadian Journal of Law and Technology

This article will explain the current avenues for intellectual property rights holders to make use of existing anti-counterfeiting policies made available by financial companies dealing in electronic payments, and argue that current policies, while helpful, are not sufficient. The article will conclude by demonstrating that policy makers have options to intervene and regulate the use of online payment services, either directly through legislation or indirectly through facilitating “best practices.”

The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music, Marco Figliomeni

Canadian Journal of Law and Technology

This article will explore the origins and rationale for the first sale doctrine. A review of the most recent American case law shows the court rejecting the doctrine’s applicability in a digital sphere. I suggest that in spite of the court’s rigid interpretation of the U.S. Copyright Act, formulating a digital first sale doctrine is a matter better left to lawmakers. A flourishing digital secondary market can promote competition and innovation while making content more accessible to the public, but its endorsement requires an appreciation of its adverse effect on the primary market for copyright owners. The article fast-forwards to …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Canadian Journal of Law and Technology

This article examines the Voltage decision, with the view that the bona fide standard safeguards intellectual property rights at the cost of online privacy rights and will proceed in three parts. Part I provides a brief contextualization of the issues. Part II is an analysis of the Voltage decision. Part III examines how the bona fide standard is a relatively low threshold. This article concludes by considering the possibility of shifting to a higher standard for disclosure, as well as a possible solution for the effect that a higher standard could have on copyright owners.

The Rapid Rise Of Delayed Notice Searches, And The Fourth Amendment “Rule Requiring Notice”, Jonathan Witmer-Rich

Pepperdine Law Review

This article documents the rapid rise of covert searching, through delayed notice search warrants, and argues that covert searching in its current form presumptively violates the Fourth Amendment’s “rule requiring notice.” Congress authorized these “sneak and peek” warrants in the USA Patriot Act, in 2001, and soon after added a reporting requirement to monitor this invasive search technique. Since 2001, the use of delayed notice search warrants has risen dramatically, from around 25 in 2002 to 5,601 in 2012, suggesting that “sneak and peek” searches are becoming alarmingly common. In fact, it is not at all clear whether true “sneak …

Yale Symposium: Unpacking Nsa's Global Problem, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Hidden Home Videos: Surreptitious Video Surveillance In Divorce, Rebecca V. Lyon

Chicago-Kent Law Review

In divorce court, often a very contentious and emotional court, parties frequently use what they can to gain the upper hand. The invention of new technology gives them an even wider arsenal. While tracking each other on the computer or checking phone records has become common, courts are now encountering instances where one spouse has placed hidden video cameras around the house to catch the other spouse doing something wrong. Under many state laws, courts have been forced to conclude that the surreptitious video recordings are not illegal. Perhaps more surprisingly, a few courts have concluded that the law either …

A Thoery Of Redressive Justice, Andrew S. Gold

Faculty Scholarship

No abstract provided.

The Right To Be Let Alone: The Kansas Right Of Privacy, J. Lyn Entrikin

Law Faculty Scholarship

No abstract provided.

Reviving Implied Confidentiality, Woodrow Hartzog

Indiana Law Journal

The law of online relationships has a significant flaw—it regularly fails to account for the possibility of an implied confidence. The established doctrine of implied confidentiality is, without explanation, almost entirely absent from online jurisprudence in environments where it has traditionally been applied offline, such as with sensitive data sets and intimate social interactions.

Courts’ abandonment of implied confidentiality in online environments should have been foreseen. The concept has not been developed enough to be consistently applied in environments such as the Internet that lack obvious physical or contextual cues of confidence. This absence is significant because implied confidentiality could …

Privacy, Trusts And Cross-Border Transfers Of Personal Information: The Quebec Perspective In The Canadian Context, Eloise Gratton, Pierre-Christian Collins Hoffman

Dalhousie Law Journal

This paper argues that data protection laws apply to prevent the disclosure of certain information relating to trusts, which are increasingly being used .as business and investment vehicles. Given the broad scope of the concept of "personal information" found under both provincial and federal personal information protection statutes, arguments can be made that information relating to trust beneficiaries or trustees, where such beneficiaries or trustees are natural persons, enjoy some level of protection. Even where a trust contains an express choice of law clause providing that the laws of another province or country apply, Quebec conflict of laws rules may …

Scandal - Early Supreme Court News Coverage And The Justice-Journalist Divide, Amy Gajda

Faculty Scholarship

No abstract provided.

Privacy In Social Media: To Tweet Or Not To Tweet?, Tara M. Breslawski

Touro Law Review

No abstract provided.